►
Description
Salt Lake City Planning Division Appeals Hearing for May 12, 2022
A
B
B
We
invite
the
applicant
to
respond
to
the
city
and
to
any
comments
by
the
public.
This
isn't
meant
to
be
too
structured
if
the
city
has
other
thoughts,
I'll
hear
them.
Usually
the
last
person
to
speak
is
the
person
who
who
is
the
applicant
or
the
person
requesting
the
the
use.
So
any
questions
about
all
that
at
this
point,
gotta
move
quick,
okay!
Well,
let's
take
up
item
number
one.
B
B
C
C
When
I
was
remodeling
the
building,
which
is
still
in
prague,
progress,
we
realized
that
it
would
be
probably
better
suited
for
the
neighborhood
from
speaking
with
many
people
to
have
it
be,
have
more
action,
more
activity
at
the
building
than
an
antique
store,
and
that's
where
the
brainstorming
came
up
of
having
a
wine
bar
a
wine
bar.
That
is
not
a
very
it's
a
very
low
key
idea
in
that.
Yes,
it's
alcohol,
but
it
will
be
wine
and
be
served
till
about.
C
So
speaking
with
people
realized
that
the
neighborhood
didn't
want
another
antique
store,
but
they
wanted
a
vibrant
community
building
business,
a
business
that
created
diversity,
maybe
to
the
neighborhood
and
looking
at
the
east
liberty
survey
that
I
think,
martin,
I
think
diana
you
have
that.
But
I
don't
know
if
craig
from
what
he
opened
up
with.
I
don't
think
he's
read
that
survey
of
what
the
neighborhood
wants
in
the
ninth
and
ninth
district,
which
does
go
to
eleven
hundred
east
unders,
is
the
way
I
understand
it.
C
But
people
stopping
by
and
saying,
what's
it
going
to
be
and
saying,
oh,
oh,
a
wine
bar
would
be
fantastic.
That
sounds
like
a
great
idea,
and
I
think
that
since
the
staff
report
there
were
some
emails
to
to
diana
that
were
encouraging
that
that
I
saw
at
least
that
was
I
was
copied
on
but
yeah.
So
we,
this
wine
bar,
is
the
intent,
even
though
it
was
an
antique
store.
The
intent
is
to
do
what
we
think
is
and
and
add
to
the
neighborhood,
not
a
subtract.
C
I
realize
the
wine
bar
is
not
the
same
as
the
antique
store.
Yet
I
also
realized
today
the
neighborhood
wants
the
wine
bar.
I
think
this
mixed
use
creates
the
vibrancy
and
walkability
that
I've
heard
the
neighborhood
wants
and
they
want
a
lot
of
the
wine
a
lot
of
the
neighbors
and
businesses
east
of
900
east.
C
B
C
Yeah,
no,
I
I
respect
the
city's
comments
and
I've
read
them
thoroughly
and
I
think
that
that
is
the
thinking
from
the
reason
in
2001.
That
is
the
code.
So
I
guess,
is
the
code
black
and
white,
or
is
there
a
gray
area?
Is
there
actually
a
consideration
with
the
city
in
what
is
best
for
the
ninth
and
ninth
district?
C
B
D
D
D
The
current
zoning
on
this
property
is
sr1.
The
purpose
of
the
sr1
or
special
development
pattern.
Residential
district
is
to
maintain
the
unique
character
of
older,
predominantly
single
family
and
two
family
dwelling
neighborhoods
that
display
a
variety
of
yards
lot,
sizes
and
bulk
characteristics.
D
Now,
like
I
said
because
of
the
residential
zoning
of
sr1
retail
goods
establishment,
the
previous
use
and
alcohol
bar
establishment,
the
proposed
use
are
not
allowed
in
this
zone.
So
by
ordinance.
We
are
looking
at
this
application
to
see
if
one
the
non-com,
if
the
retail
excuse
me
if
the
retail
goods
establishment
is
a
non-conforming
use
on
this
property
and
whether
the
proposed
use
of
alcohol
bar
establishment
is
similar
to
that
land
use.
D
D
D
D
D
D
D
So
many
of
the
people
that
wrote
in
have
thought
that
the
wine
bar
would
be
a
great
ad
added
use
to
this
area,
and
that
may
be
true.
However,
this
use,
if
approved
by
the
appeals
officer,
does
not
have
to
remain
a
wine
bar.
It
could
be
any
type
of
alcohol
bar
establishment,
and
that
can
be
a
brew
pub.
It
could
be.
D
D
One
other
thing
to
address
is
that
many
people
were
concerned
about
the
time
that
this
would
would
close
and
many
suggested
that
a
9
30
or
a
10
30,
similar
to
a
use
across
the
street,
which
is
in
a
different
zone
that
wouldn't
be
under
our
jurisdiction.
That
would
be
a
state
jurisdiction
and
the
hour
could
go
up
to
one
o'clock
at
night.
To
close,
so
I
just
wanted
to
put
that
in
the
record,
based
on
the
findings
of
the
staff
report.
D
B
A
I
think
we're
going
to
have
a
number
of
people,
mr
call
that
or
we
have
a
lot
of
people
in
the
attendee
list
and
we'll
also
have
a
couple
of
emails
that
we
are
going
to
to
read
into
the
record
because
they
were
submitted
after
the
fact.
So,
if
this
is
a
time
that
you'd
like
to
open
the
public
hearing,
I
can
go
ahead
and
start
calling
on
folks.
A
A
F
A
H
All
right,
thank
you
for
for
noticing
that
appreciate
it.
We
just
have
a
very
brief
comment,
and
that
is
that
you
know
we
appreciate
the
the
city
allowing
this
hearing.
It
certainly
is
something
that
we,
as
a
community
council,
are
interested
in
participating
in,
and
we
found
that
our
community
members,
when
we
alerted
them
to
this
proposal,
were
very
engaged.
H
You
mentioned
wine
bar
and
everyone
perks
up.
You
know,
I
guess,
is
one
way
to
put
it.
So
we
also
appreciate
diana
martinez
clarifications
about
the
actual
specifics
of
what
this
hearing
is
about.
Some
of
those
nuances
are
lost
on
me,
and
certainly
it's
very
difficult
to
explain
to
community
members
exactly
what
these
things
are
about,
and
I
just
would
like
to
refer
the
hearing
officer
and
members
of
the
city
staff
to
the
three-page
letter
that
elpco
submitted,
and
I
apologize.
It
was
just
this
afternoon
about
this
process
and
about
the
proposal,
including
some.
H
You
know
next
steps
that
the
community
council
would
be
interested
in
taking
if
this
application-
or
this
request
is
denied,
including
rezoning
and
in
other
proposals,
so
just
wanted
to
mention
that
our
letter
kind
of
contains
everything
that
we
had
and
we
look
forward
to
hearing
from
more
members
of
the
public
as
many
have
sent
in
emails
and
contributed,
and
we
appreciate
the
people
on
this
meeting
as
well.
Thank
you.
H
H
Sure
I'd
be
glad
to
sir,
so
we
found
out
about
the
hearing
on
tuesday
I
was
actually
walking
my
dogs
and
my
kids
and
I
saw
the
poster,
which
is
always
a
good
thing
when
those
posters
are
up
because
that's
a
great
way
to
get
people's
attention.
So
we
immediately
as
a
board
of
the
east
liberty
park.
Community
organization
started
talking
about
what
we
thought
of
this
proposal
and
then
also
reached
out
to
the
ninth
and
ninth
business
community.
H
We
have
an
email
list
of
about
70
people
just
to
let
them
know
in
case
they
hadn't
seen
the
notice
and
encouraging
members
of
the
public
and
the
community
to
submit
comments
to
learn
about
the
proposal.
Read
the
staff
report
and
submit
comments
based
on
our
review.
We
were
able
actually
to
apply
information.
We
gathered
from
a
survey
back
in
2019,
where
we
asked
specifically
to
our
residents.
We
had
400
respondents
to
this
survey.
H
Would
you
like
to
see
more
alcohol
focused
businesses
in
the
ninth
and
ninth
area,
particularly
bars
and
brew
pubs?
I
think
we're
the
term
we
used
and
80
percent.
I
believe
I
can't
remember
if
that's
right,
79
to
80,
I
think
responded
affirmatively
to
that
other
questions.
We
asked
in
the
26
question
survey
also
so
that
there
was
an
interest
in
more
entertainment
and
alcohol
focused
or
alcohol
friendly
businesses
in
the
community.
H
This
was
before
the
opening
of
the
or
right
around
the
opening
of
the
east
liberty
tap
house
on
the
other
side
of
the
ninth
and
night
business
district.
So
it
was
certainly
something
that
was
was
not
especially
present
among
the
businesses
that
were
there.
We
wanted
to
bring
this
to
the
attention
of
folks
that
there
is
a
public
survey
out
there
with
400
respondents
that
show
there
is
public
interest
in
this
type
of
establishment.
H
We
see
quite
a
few
businesses
starting
and
growing
building
new
buildings
on
the
eastern
edge
of
the
9th
and
9th
business
district
from
contender
bicycles
to
the
new
essential
photo
supply
shop.
That's
there
to
the
renovation
going
on
at
the
public
kitchen,
which
is
a
big
project,
and
businesses
have
told
us
that
they
want
more
foot
traffic.
They
want
more.
They
want
the
business
district
to
extend
further
eastward
up
to
the
whale.
I
guess
we
could
say,
because
we
now
have
a
giant
whale
on
the
eastern
edge
of
that
district.
H
If
you
haven't
heard
about
that,
yet
seems
everyone
has,
and
so
that
was
the
main
one.
We
thought
the
business
district
is
something
that
doesn't
just
fit
at
the
ninth
and
ninth
intersection,
but
really
goes
all
throughout
that
ninth
south
corridor,
and
the
third
thing
we
wanted
to
reference
was
that
we
felt
that
the
we
don't
want
to
open
up
a
can
of
worms
through
this
decision.
H
We
realize
that
if
the
zoning
isn't
right
and
that
doing
this
decision
or
allowing
this
and
it's
not
a
conditional
use,
I
now
know,
but
just
allowing
this
this
non-conforming
use,
I
guess,
would
be
the
way
to
describe
it.
If
that
creates
further
problems,
we
don't
want
to
compound
compound
bad
decisions,
let's
just
say
so
that
the
rezoning
actually
is
the
better
way
forward
to
create
a
sustainable
and
sort
of
logical
zoning
plan
for
the
ninth
and
night
business
district,
then
we
would
be
in
favor
of
that.
H
B
A
I
Unlike
a
retail
goods
establishment,
an
alcohol
establishment
will
attract
and
create
a
steady
stream
of
traffic
and
noise
during
hours
well
outside
of
those
for
a
typical
retail
goods.
Establishment
intruding
on
to
nearby
residential
private
property
parking,
as
you
guys
have
mentioned,
is
an
issue
for
residences
and
businesses
like
where
there
is
already
tight,
a
question
of
more
traffic
and,
of
course,
noise
pollution
at
early
daytime
hours
and
late
hours
of
the
night
from
delivery,
garbage
and
recycling
trucks.
I
I
Let's
see
they,
they
mentioned
noise
and
disruption
of
traffic
flow
on
ninth
south
trucks,
for
delivery,
garbage
disposal
and
recycling.
Making
deliveries
and
collections
are
there
on
their
business
all
day
long
daily,
with
noise
from
backing
up
in
large
trucks
not
being
able
to
get
into
the
parking
lot
and
bark
blocking
the
road
to
make
their
deliveries.
I
There's
also
a
question,
of
course,
of
garbage
containers
dumpsters,
which
attract
vermin,
rats
and
mice,
some
more
specific
to
the
1058
east.
Ninth
south
situation
is
the
following:
in
recent
years,
the
city
has
created
the
mcclellan
trail
designation
for
walking
and
biking
more
traffic
from
trucks,
and
additional
cars
is
contrary
to
the
purpose
of
this
trail.
I
I
So
you
may
or
may
not
have
that
in
front
of
you.
So
finally,
in
speaking
with
businesses
this
week
with
businesses
who
are
nearby,
there
is
a
concern
for
customer
parking
where
there
is
already
a
problem
on
both
9th
south
and
mcclelland,
both
north
and
south
of
9th
south,
as
well
as
on
other
nearby
streets,
so
that
that
is
those
are
my
comments.
E
It
is
not
usually
open
for
business,
so
we're
talking
about
going
from
a
place
that
has
really
really
low
usage
and
impact
to
something
that
is
significantly
more
impact
and
I
frankly,
don't
think
that
they
even
clo
remotely
resemble
the
same
kind
of
usage
and
in
addition
I
agree
with
susan.
The
neighborhood
has
gone
through
a
lot
of
transitions.
We
put
a
lot
of
thought
and
time
into
making
this
a
very
walkable,
safe
family,
oriented
neighborhood.
E
The
mcclellan
bike
trail
is
amazing
and
awesome,
and
we
just
put
so
much
money
into
making
900
south
have
wide
avenues
for
walking
and
for
people
to
use
their
bikes
and
to
cycle,
and
it's
had
an
impact
on
the
parking.
So
even
if
I
try
to
for
say
instance,
during
the
day,
if
I
wanted
to
pop
over
across
the
street
to
the
granary
bakery,
which
is
directly
across
from
this
proposed
bar,
they
have
they
share
a
spot
with
three
other
businesses.
E
E
We
put
in
a
roundabout
that
made
a
huge
difference
and
we
made
it
and
we've
made
it
more
narrow.
So
it's
really
kind
of
counterintuitive
to
the
steps
that
we've
been
taking
the
past
seven
or
eight
years,
and
I
do
think
as
somebody
that
lives
with
ali
behind
us,
susan
and
I
and
the
rest
of
the
people
on
mcclelland
have
an
alley
that
goes
behind
our
house.
E
B
Let
me
just
add
one
side
comment.
The
the
assumption
I
would
have
to
make
is
that
the
retail
antique
store
could
be
replaced
with
a
much
more
intensive
retail
use,
and
it
again,
as
ms
martinez
said
in
her
discussion,
we
look
at
a
typical
bar
in
a
typical
retail,
so
for
what
that's
worth
who's
next
wayne.
A
Okay
and
just
a
reminder
for
those
of
you
that
would
like
to
speak,
if
you
could
hit
that
little
hand
button,
and
for
those
of
you,
maybe
missed
the
cobb,
if
you
could
hit
that
button
again
and
lower
your
hand,
it'll
kind
of
help
keep
things
under
control.
Okay,
next
is
carolina,
has
been
you've
been
unmuted
and
you
can
speak
carolina.
J
Okay,
sorry,
I'm
not
very
familiar
with
webex
and
I
just
had
to
switch
my
speaker.
Oh
that's,
okay,
yeah!
Thank
you
for
giving
me
a
few
minutes.
I
wanted
to
join
this
meeting
to
voice
my
support
of
this
proposed
use
of
space.
I
actually
live
at
922,
south
1100
east,
so
our
house
is
on
the
other
side
of
the
alleyway
from
mcclellan,
and
we've
lived
here
for
about
eight
years
and
seen
a
lot
of
changes
in
the
neighborhood
and
walker
dog
around
this
neighborhood
and
child
around
the
neighborhood.
J
Quite
frequently,
when
I
heard
about
what
the
space
could
potentially
be,
it
was
really
exciting.
I
think
part
of
the
reason-
and
someone
mentioned
this
earlier
part
of
the
reason
the
prior
business
maybe
was
such
a
good
neighbor
is
because
the
antique
shop
was
never
opened,
and
so
it's
it
was
never
open.
I
I
never
saw
anyone
in
there
ever
in
eight
years
of
walking
our
dog
around
the
block,
and
so
I
think
whatever
business
replaces
or
is
using
that
space.
J
I
think
it
will
automatically
bring
more
foot
traffic
and
just
more
interest
eastward
of
ninth
and
ninth
towards
quote
unquote.
The
whale-
and
so
I
I
recognize
a
lot
of
these
concerns
are
very
valid.
I
also
recognize
I
don't
live
right
next
to
this
proposed
wine
bar
space,
but
I
live
close
enough
to
where
it's
a
really
exciting
prospect,
and
certainly
the
area
around
my
house
would
also
be
affected.
J
J
J
And
in
terms
of
foot
traffic,
I
think
there
could
actually
be
more
foot
traffic.
Honestly
on
our
end
of
ninth
and
ninth,
there
have
been
times
when
I've
walked
around
at
night
and
I've.
Actually,
I've
lived
in
urban
areas
before
where
it
was
relatively
safe
to
go
out,
because
there
was
increased
foot
traffic
at
night
and
you're,
not
just
kind
of
walking
around
on
your
own
down
a
dark
street
with
your
dog
there's
other
people
out,
I
don't
know.
J
And
in
terms
of
parking,
so
I
think
parking
is
an
issue
all
across
the
city.
I
think
it's
it's
not
just
an
issue
at
9th
and
9th.
I
don't
have
a
good
solution
for
that.
To
be
honest,
but
I
know
just
being
a
frequent
walker
in
this
neighborhood
there's
always
street
parking
on
surrounding
streets,
even
r
street
1100
east,
which
is
a
much
busier
street
than
mcclellan
or
anything.
That's
anything
in
between
1100,
east
and
900,
all
of
those
side
streets.
They
all
have
street
parking
available.
J
A
Okay,
you
know
I'm
not
seeing
any
more
hands,
but
honestly,
I
think,
there's
not
a
lot
of
folks
in
the
so
I
think
I'm
going
to
go
one
by
one.
I
want
to
make
sure
that
we're
giving
people
an
opportunity
to
speak.
Who
may
not
be
familiar
with
with
the
interface
here,
so
I
apologize
everybody.
If
I
put
you
on
the
spot
by
asking
you
if
you
want
to
speak
but
kind
of
bear
with
me
for
a
minute
here,
corey
dearden,
do
you
want
to
speak
on
this
matter?
A
A
L
Sure
I
am
happily
married
to
carolina
hazman,
my
better
half,
who
already
spoke
so
she
speaks
for
me
already,
but
thank
you
again
for
this
opportunity.
This
is
a
great
democracy
and
civic
action.
I
am
very
in
favor
of
it
my
wife
kind
of
summarized
it
and
just
you
know
when
I
want
to
go
to
sugar
house
to
get
a
drink
at
one
of
the
bars
there.
I
specifically
take
the
mcclellan
trail
to
get
there.
L
L
So
when
we
say
it's
a
trail,
I
think
we
should
just
be
careful
that
we're
actually
just
talking
about
a
street
at
this
point,
and
I
think
that
as
and
as
my
wife
said,
and
as
other
the
other
business
owner
said,
I've
never
seen
anyone
in
the
entire
antique
store.
So,
even
if
let's
say
we,
we
didn't
rezone
this
and
it
be,
you
know-
became
just
a
residential
space
and
the
children's
hour
from
ninth
and
ninth
move
to
the
split
business.
It
would
be
a
major
disruption,
but
totally
legal
and
ethical.
L
Of
course,
they
would
just
bring
a
lot
of
cars
there
and
they
would
do
on-street
parking,
as
my
wife
mentioned.
So
I
think
whatever
we're
gonna
go
in
any
direction
and
parking
is
never
gonna
get
solved,
but
I
don't
think
it's
stifle
growth
of
this
neighborhood
and
of
the
city
and
of
a
business
opportunity.
So
thank
you
for
letting
me
speak.
A
F
A
F
A
M
I
just
want
to
say
I'm
scott,
I'm
the
owner
of
the
aforementioned
vibrant
hair
salon
in
the
upstairs
portion
of
the
building
moving
into
my
14th
year
there,
and
I
personally
welcome
to
change.
I
think
that
I
know
that
in
my
experience
it
has
been
difficult
to
maintain
a
business.
That's
commercially
viable
in
a
building
that
lacks
synergy.
M
M
Despite
the
fact
that
there's
been
a
great
deal
of
well
there's
frankly,
there's
been
a
lot
of
emphasis
on
the
idea
that
it
would
be
best
for
everybody
if
I
somehow
managed
to
conduct
my
business
and
stay
stable
and
employ
staff
and
pay
wages
and
put
food
on
the
table
for
people
that
work.
For
me,
if
I
lived
in
and
worked
in
an
empty
shell,
perhaps
a
morgue
downstairs
would
be
best
it's
quiet,
but
no,
rather
I
suggest
that
the
idea
that's
being
proposed.
M
Is
an
excellent
one
and
I
think
it's
time
for
it.
I
think
that
many
of
the
understandable
and
and
and
arguable
complaints
come
with
every
city
in
every
community.
As
was
aptly
pointed
out
earlier,
parking
is
just
a
problem
everywhere,
it
always
has
been,
it
always
will
be
and
we
innovate
through
the
problem.
I
think
that
I
think
that
will
has
suggested
you
know
this
entire
application
and
the
entire
concept
that
we'll
have
is
very
respectful
of
the
neighborhood.
That's
that
that's
around.
We.
M
M
We're
suggesting,
I
think,
will
is-
is
very,
very
beautifully
put
forth
a
lot
of
expense
on
the
building,
and
I
think
that
the
idea
of
a
wine
bar
is
a
good
one.
I
I
I
don't
want
to
work
in
an
empty
shell.
I
want
people
to
embrace
the
idea
that
there
can
be
a
very
quiet,
engaging
business
downstairs.
M
I
already
am
there
saying
hello
to
everyone
who
walks
by
not
just
you
know
everyone
and
their
dogs,
and
I
would
like
the
opportunity
to
wave
them
in
downstairs
and
invite
them
for
you
know
to
sit
down
as
it
stands
right
now.
I
could
invite
them
upstairs
to
get
their
hair
done,
but
it
would
be
nice,
and
I
think
that
it's
a
welcome
change
and
I
think
the
time
has
come
forth
nearly
14
years,
holding
up
that
building
myself
with
an
empty
shell.
M
M
I
do
know
that
any
changes
that
have
been
proffered
for
the
downstairs
bay
on
that
building
are
are
being
done
with
residents
in
mind.
This
is,
and
it's
not
proposed
to
this-
be
a
you
know:
alcohol,
swilling
slap
down
live
band
loud
venue,
it's
supposed
to
be
one.
That
literally,
is
in
consonance
with
its
environment,
quiet,
polite,
upscale,.
M
So
I
know
that
there's
going
to
be
issues
to
work
through,
I
feel
that
we
can
work
through
them.
There
is
a
way,
and-
and
it's
nice
to
be
that
everyone
is-
is
being
heard-
their
concerns,
noise
and
so
forth.
I
don't
envision
giant
big
trucks
either.
I
see
small
bands
delivering
small
cases
of
wine
a
bit
of
cheese.
M
I
don't
think
that
in
the
big
bigger
picture,
it's
good
for
the
community
to
have
that
building
as
empty
as
it
has
been
for
so
many
years,
what's
being
suggested,
is
that
the
building
grow
along
with
its
community
around
it?
It
wasn't
that
long
ago
there
wasn't
a
tsunami
across
the
street
there
there
was
an
improvements
to
the
street.
There
wasn't
a
roundabout.
I
think
that
it's
time
for
for
some
change.
A
E
E
A
G
G
The
next
comment
is
just
from
2
18
south.
That's
the
name
listed
on
the
email,
hello.
We
are
the
homeowners
and
live
on
1000
east
between
900,
south
and
belmont,
and
would
like
to
share
a
note
of
support
for
the
wine
bar.
That's
being
proposed,
we'd
like
to
see
business,
expand
beyond
the
main
intersection
of
ninth
and
ninth
and
welcome
the
idea
of
a
wine
bar
in
the
intimate
space
below
m
scott
salon.
It
would
be
great
to
increase
the
number
of
gathering
spaces
along
900
south
that
are
open
after
dark.
G
Thank
you,
tonya
and
josh
tanya
and
josh.
Sorry,
the
next
one
is
from
marcus
lopez,
hi,
miss
martinez
and
planning
committee.
As
long
as
a
long
time
resident
in
the
gilmer
park
neighborhood,
I
have
enjoyed
the
addition
of
restaurants,
heading
east
from
9th
and
9th
intersection.
The
addition
of
tsunami
and
bakery
are
welcome
to
the
area.
One
of
the
complaints
was
lack
of
establishment
such
as
the
proposed
wine
bar
my
wife
and
I
are
in
complete
favor
of
adding
a
wine
bar
bar
to
this
part
of
salt
lake
city.
G
This
is
certainly
a
value
add
to
adding
foot
traffic
to
the
businesses
on
upper
ninth
and
helps
connect
the
street
from
the
art
installation
down
to
the
ninth
and
ninth
sign.
I
hope
that
the
city
takes
these
comments
to
heart
and
allows
this
establishment
to
proceed
as
a
wine
bar.
Thank
you,
marcus
lopez,
and
those
are
the
only
comments
that
I
have
that
were
not
forwarded
to
the
hearing
officer.
N
C
N
Sure
yeah,
so
I
guess
you
know
I
could
be
the
one
who's
directly
involved
with
it,
since
I'm
kind
of
you
could
say
the
boots
on
the
ground
right,
because
I'm
the
listing
agent,
I'm
the
one
who's
talking
to
the
potential
tenants,
the
ones
who
are
coming
by
and
asking
me
all
the
questions,
I'm
actually
also
the
owner
of
windermere
real
estate,
which
is
right
across
the
street.
So
above
the
tsunami,
restaurant,
I've.
N
As
well,
for
probably
I
think,
20
years
now
and
put
my
kids
through
school
here
and
all
that,
so
I've
seen
the
neighborhood
grow
and
you
know
I've
taken
I've
taken
flack
for
better
or
for
worse,
as
far
as
some
of
the
development,
because
I've
sold
most
of
the
properties,
I've
sold
and
leased
up
most
of
the
buildings
around,
and
you
know
for
better
or
worse
right
me.
Personally,
I
would
like
to
see
it
a
pedestrian
only
street,
but
that's
a
different
discussion
from
here.
N
You
know,
and
so
I
think
that's
what
lends
this
community
driven
discussion
it.
It
started
off
by
coming
towards
me
where
we
have
the
place
for
lease,
and
we
know
that
it's
a
retail
store
and
going
from
retail
to
retail
is
easy
right,
but
the
intensification
of
it.
I
think,
if
you
just
opened
up
a
person
sleeping
in
there,
would
probably
intensify
the
use
anyway,
because
a
lot
of
it
has
been
completely
stagnant.
There
hasn't
been
anything
happening
to
the
building,
it's
been
falling
apart
and
it
wasn't
maintained,
and
so.
G
N
Invite
people
in,
and
so
I
think
that
this
whole
discussion
has
been
completely
community
driven.
You
know
we
could
put
somebody
in
there
that
is
as
intense
or
way
more
intense
as
a
retail
store
right.
So
you
can
take
a
candy
store
and
you
could
fill
that
thing
up
with
candy
and
gum
and
sticky
stuff
and
sugar
and
all
that
right,
and
I
think
that
would
still
be
just
as
intense
or
maybe
more
than
a
wine
bar,
because.
H
N
Don't
want
to
get
you
know
the
almost
the
stigma
of
it
having
the
word
alcohol
bringing
that
to
it,
because
I
think
there's
a
lot
of
other
retail
uses
that
are
really
intense
as
well.
So
what
does
that
do
right?
And
maybe
we
could
get
help,
because
this
is
something
that
the
community
really
wants
and
we
believe
that
it
is
going
to
be
cohesive.
N
N
As
the
area
gets
more
dense,
we
need
to
have
these
small
little
retail
shops,
retail
services,
retail
goods,
and
we
need
to
be
able
to
provide
that
to
the
community
so
that
people
aren't
driving
as
much
and
they're
walking
a
lot
more
or
riding
bikes
right.
So
I
would
be
a
proponent
saying
that
look.
This
is
less
intense
than
putting
in
just
another
retail
store
in
there
or
another
furniture
store.
I.
N
Stores
coming
to
me
left
and
right
saying:
look:
we
want
to
put
our
furniture
out
front
and
we
wanted
to
have
parties,
so
people
can
see
what
kind
of
outdoor
furniture
we
have
I've
had.
You
know
outdoor
retailer
clothing
lines
coming
across
like
from
patagonia
to
north,
face
too
steel.
I
don't
know
if
you
know
these
companies
but
or
nail
salons,
I
mean
nail.
Salons
are
the
same
type
of
retail
service
right,
so
they
those.
N
As
well
so
as
far
as
the
in
the
intensifying
of
the
use
right,
I
think
maybe
you
can
help
us
figure
out
how
we
can
navigate
that
and
and
like.
I
think,
jason
was
saying
too
that
we're
okay
with
going
through
the
process,
but
we
just
want
to
make
sure
that
we
do
it
correctly,
rather
than
jumping
into
something
or
being
denied
something
that
could
really
impact
the
community
in
a
better
way.
C
Way,
well,
I
just
want
to
thank
everybody
and
their
comments
and
thoughts.
I
respect
them
all
at
the
end
of
the
day.
Really.
What
I
want
is
to
do
to
be
a
community
builder
to
continue
that
I've
been
a
business
owner
for
about
30
years
and
I've
always
entrusted
in
myself
and
my
staff
to
work
towards
being
a
community
builder.
So
whatever
is
right
for
the
neighborhood
and
whatever
the
steps
are
to
to
do
that.
That's
what
that's
what
I
want.
D
D
Those
standards
would
not
apply.
It
would
just
come
in
with
the
business
license
and
have
to
follow
state
state
regulations.
The
closing
time
again
could
be
as
late
as
one
o'clock
there's
no
stipulation
by
the
city
to
hold
it
at
9,
30
or
or
10
30,
closing,
like
the
neighboring
properties
to
the
north.
D
B
B
B
Is
that
used
similar
enough
to
retail
use
that
an
alcohol
establishment
use
could
be
considered
just
an
even
transition
from
one
to
the
other
in
the
same
location?
I
don't
know
of
any
zoning
ordinances
that
actually
don't
make
a
distinction,
and,
based
on
that
tradition,
I
don't
know
where
I
would
turn
for
the
evidence.
B
I
would
need
to
support
my
legal
conclusion
that
they're
the
same,
so
I'm
not
able
to
grant
that
that
request
to
make
that
determination
tonight,
but
I
am
pleased
to
hear
of
the
dynamic
and
the
momentum
and
the
interest,
particularly
by
mr
hamill
as
the
current
property
owner
and
trying
to
work
out
some
other
solution
in
a
policy
way
using
a
tool.
That's
that's
a
whole
lot,
more
refined
and
and
adaptable
to
the
current
situation.
So
I
encourage
everyone
to
do
that.
B
I
know
that
changing
and
zoning
isn't
that
easy
to
do
at
a
minimum.
Such
a
suggestion
would
go
to
the
planning
commission
who
could
craft
the
right
solution
and
then
recommend
it
to
the
city
council,
but
that
is
exactly
the
location
where
these
kinds
of
policy
issues
that
have
been
discussed,
the
desire
for
the
future
community,
how
you'd
regulate
and
control
whatever
negative
aspects
of
these
might
be.
B
B
M
B
K
Sure,
thank
you.
My
name
is
chris
jessup,
I'm
an
attorney,
and
I'm
representing
ali
partelbe
here
tonight
and
with
us.
I
think
also
is
david
zimmerman.
Who
is
an
architect
who
provided
some
of
the
drawings
and
by
way
of
background
ali
is
iranian
by
birth?
He
immigrated
to
america
20
years
ago
and
in
2020
he
was
living
in
a
home
that
was
owned
by
his
brother-in-law
on
genesee
avenue,
which
is
the
subject
property.
K
Mr
partovi
has
since
become
the
owner
of
the
property,
but
in
2020
he
wanted
to
build
a
covered
patio
on
the
front
of
the
house
being
somewhat
versed
in
building
requirements.
He
asked
his
neighbors
if
he
needed
a
permit
to
build
the
patio
and
remember
this
is
in
the
context
of
covet
and
hard
to
know
which
agencies
are
open,
went
to
his
neighbors
and
they
said
they
didn't
think
he
needed
one.
So
he
didn't
apply
for
one
and
went
ahead
with
the
build
of
the
patio
and
in
december
of
2020.
K
K
And
so
mr
partovi
hired
mr
zimmerman
to
draw
and
submit
the
plans,
and
then
he
hired
me
to
help
with
the
variance
application,
and
here
we
are
tonight-
and
the
question
is:
does
the
patio
qualify
for
a
variance
under
section
21a
1860
of
the
salt
lake
city
ordinances
and
of
course
our
position
is
that
it
does
first,
literal
enforcement
of
the
ordinance
would
cause
an
unreasonable
hardship
to
mr
partovi.
That's
not
necessary
to
carry
out
the
general
purpose
of
the
ordinance.
K
The
property
is
very
narrow
and
it's
there's
no
outdoor
area
for
for
a
treat
from
the
elements.
The
backyard
isn't
suitable
for
such
a
patio
there's
already,
a
storage
shed
there
and
other
storage
areas,
and
mr
partovi
can't
enjoy
the
property
to
its
full
potential.
Without
the
patio
there's
very
little
room
for
shade
in
the
front
of
the
home.
Some
of
the
adjoining
owners
have
trees,
but
it's
really
hard
to
put
a
large
shade
tree
there
and
the
next
logical
choice
choices
to
is
to
build
the
patio.
K
Also
there's
a
security
issue.
Mr
partovia's
had
several
items
before
he
put
up
the
patio.
Several
items
were
stolen
from
the
front
of
his
house,
his
bicycle,
a
laptop
and
other
other
things,
and
since
the
patio
has
gone
up,
so
the
patio
has
bamboo
screens
on
it
or
other
kinds
of
screens
on
it
that
can
be
raised
and
lowered
and
it
screens
his
property
from
site
from
from
the
street
side
of
the
property.
K
K
So
less
than
and
so
and
the
the
lot
sizes
are
not
uniform
in
this
area,
there's
a
great
deal
of
variation.
So
on
mr
partovi's
side
of
the
street
alone,
less
than
half
of
the
lots
are
25
feet
in
width.
If
you
go
to
the
other
side
of
the
street,
there
are
24
total
residential
lots,
but
still
only
five
of
them.
The
same
five
that
I
just
mentioned
are
25
feet
in
width.
K
I
A
B
A
K
A
K
K
And
so
clearly,
there's
nowhere
to
build
on
either
side
of
the
home,
so
that
leaves
a
building
on
the
front
or
the
back,
and
you
can
see
here
in
the
back.
The
storage
shed
that's
already
there.
Mr
partelli
put
his
patio.
I
chose
to
put
his
patio
on
the
front
because
that's
the
ideal
place
for
it
and
the
narrow
configuration
of
the
law
makes
it
very
difficult
to
use
the
property
without
violating
setbacks,
because
it's
impractical
to
build
anywhere
again.
K
These
conditions
are
related
to
the
size
and
shape
of
the
property
and
come
from
circumstances
that
are
peculiar
to
this
property
and
okay.
So
the
third
element
under
the
ordinance
is
that
the
variance
is
essential
to
granting
a
substantial
property
right
possessed
by
other
property
in
the
same
district,
and
it's
mr
partoby's
understanding
that
other
properties
have
been
allowed
to
build
within
the
setback
and
have
not
been
required
to
and
obtained
variances.
K
K
B
K
B
K
B
O
B
F
B
K
B
K
B
K
A
O
B
K
K
There
are
other
examples,
so
the
standard
setback
given
and
mr
zimmerman
may
speak
to
this
in
more
detail,
but
the
standard
setback
for
this
side
of
the
street
is
23
feet.
If
you
don't
include
this
home,
that's
on
the
corner,
if
you
do
include
it,
it's
22
feet
and
there
are
other
homes
that
are
are
well
into
the
setback.
This
one,
for
example,
is
9
or
10
feet.
B
K
B
K
B
Before
we
go
there,
and
I
appreciate
your
engagement
in
this
conversation,
I
hope
it
saves
everybody
time.
What
is
the
substantial
property
right
in
number
three?
What
do
you
have
a
precedent
or
something
I
can
rely
on?
That
would
say
that
having
an
outdoor
patio
involves
a
substantial
property
right.
K
So
the
variance
would
not
substantially
affect
the
general
plan
and
is
not
contrary
to
the
public
interest.
Again,
it's
a
patio.
There
are
no
windows,
no
doors
it.
No
plumbing.
It's
not
a
permanent
structure
like
a
house
and,
as
you
have
already
noted,
mr
partovia
has
obtained
letters
from
16
of
his
neighbors,
who
don't
object
to
the
patio
and
do
not
want
to
see
it
torn
down.
K
And,
finally,
the
patio
observes
the
spirit
of
the
zoning
ordinance
and
substantial
justice
will
be
done.
If
it's
allowed
to
remain
the
patio
doesn't
increase
population
density,
it
doesn't
add
additional
dwellings
onto
the
property
and
it's
in
line
with
the
precedent
of
other
buildings
in
the
neighborhood,
with
their
proximity
to
the
sidewalk
and
it's
in
line
with
the
city's
clear
site
zone
area
by
staying
10
feet
away
from
the
sidewalk.
O
O
I
do
want
to
note
that
from
staff's
research,
there
is
no
indication
that
this
property
has
been
modified
to
what
it
was
originally
subdivided,
as
so
25
feet
in
width
and
141
feet
in
depth,
and
I
know
mr
jessup
said
that
a
lot
of
the
properties
are
a
little
bigger
in
width.
That
is
true,
I
believe
in
my
staff
report.
I
came
up
with
some
kind
of
some
basics
that-
and
I'm
looking
at
just
this
block-
face
right
here
where
there
are
a
total
of
24
lots.
O
But
staff
does
not
believe
that
the
covered
porch
is
relying
on
the
width
of
the
property
in
order
to
meet
the
required
front
yard
setback
and
that
the
depth
does
provide
adequate
space.
To
do
an
addition
in
the
rear
and
that
that
the
depth
of
the
lot
is
seen
with
all
the
other
lots
in
the
in
the
neighborhood.
O
And
these
were
just
pictures
I
took
of
the
site
of
the
of
how
the
porch
is
existing,
so
he
did
build
the
porch
without
going
through
the
proper,
permitting
process
as
it
exists
today,
it
is
not
attached
to
the
existing
building,
which
does
make
it
an
accessory
structure
in
the
front
yard,
which
is
not
permitted
within
city
code.
That
being
said
with
the
application,
the
applicant
did
make
it
clear
that
it
is
their
intention
to
attach
it
to
the
existing
building.
O
And
the
reason
why
this
is
an
issue
of
how
the
covered
porch
was
built
is
because
code
section
21a
36,
it
talks,
it
refers
to
obstructions
and
required
yards,
and
so
it
does
allow
some
obstructions
in
yards,
but
it
specifically
says
attached
covered
and
unenclosed.
Porches
are
not
allowed
within
the
required
front
yard,
and
the
covered
porch
encroaches
the
entire
front.
The
entire
required
front
yard,
which
staff
has
identified
as
the
existing
structure
has
set,
that
setback
at
23
feet
and
then
in
regards
to
the
side
yard,
so
the
existing.
O
So
the
r15
000
district
requires
side
yards
to
be
a
minimum
of
10
feet
on
one
side
and
four
feet
on
the
other,
but
the
existing
home
actually
has
a
side
yard
setbacks
that
are
less
than
four
feet
on
each
side.
So
this
makes
it
a
non-compliant
structure
and
the
reason
why
that
is
an
issue
is
in
section
21a38050b2c.
O
1
1
2
refers
to
the
enlargement
of
a
non-complying
structure
as
two
setbacks
so
for
interior
side
yards.
It
specifically
states
that,
in
addition,
may
extend
the
non-complying
exterior
wall
of
the
building
up
to
20
of
the
length
of
the
existing
wall,
and
this
is
the
drawing
that
the
applicant
did
provide
with
the
application.
O
O
I
do
just
want
to
know
also
how
staff
is
measuring
this
structure,
so
we're
measuring
it
from
where
it
meets
the
existing
structure,
and
then
there
is
an
overhang
so
not
including
the
overhang.
The
structure
is
still
about
13
feet
in
length,
so
it
still
encroaches
the
entire
frontier
setback
and
then
with
the
encroachment.
The
encroachment
is
three
about
three
feet:
four
inches.
So
you
add
that
that
gets
you
to
about
16
feet
in
in
length.
O
So
again,
so
staff
does
not
believe
that
or
does
believe
that
the
death
of
the
lot
does
provide
adequate
space
for
the
property
to
remain
in
compliance
with
the
zodiac
organs,
specifically
the
ones
I
just
mentioned,
and
we
are
recommending
denial
of
it
and
there
is
a
more
thorough
analysis
in
my
staff
report,
but
I'm
happy
to
go
through
any
of
that.
If
you
need
me
to,
and
that
does
conclude
my
report
in
response
to
the
applicant.
A
F
The
other
issue
is:
we've
lived
here
five
years
and
in
the
five
years
we've
never
seen
ali
ride
a
bike.
So
the
fact
that
he's
needing
to
have
a
covered
area
in
order
to
store
his
bikes
doesn't
make
sense
when
he
can
put
him
in
the
backyard.
He
has
a
storage
shed
in
the
backyard
that
is
locked,
that
he
can
store
him
back
there
they're
out
of
sight.
F
F
I
just
I
just
have
the
same
comments
as
the
last
lady.
These
homes
were
built.
My
family
has
been
in
this
home
for
120
years.
It's
been
the
same
sessions
name
for
120
years
and
I
do
have
a
porch,
but
ali
has
not
lived
there
120
years
and
the
people
that
are
encroaching
the
homes
were
built
in
the
1900s.
F
B
F
K
K
B
Thank
you.
I
do
have
a
little
bit
of
expertise
on
that
subject.
The
utah
supreme
court
has
said
that,
even
if
you
don't
yelling
get
a
building
permit,
you
can
get
one
later.
Obviously
you
suffer
the
consequences
of
having
proceeded
at
your
own
risk
and
may
have
to
redo
things
that
don't
comply
with
the
building
code,
but
the
court
did
not
go
so
far
as
to
say
that
a
person
who
doesn't
get
a
building
permit
needs
to
tear
the
structure
down,
get
a
permit
and
then
build
it
again.
B
A
A
A
A
A
K
Just
direct
you
back
to
again
the
16
neighbors
who
who
don't
object
and
also
the
ordinance
allows.
If
there
is
a
non-conforming
structure,
allows
the
applicant
or
allows
the
hearing
officer
to
direct
the
applicant
to
do
something
that
can
bring
the
structure
into
compliance.
And,
if
you're
inclined
to
deny
the
variance,
then
we
would
ask
for
what
we
could
do
to
bring
it
into
compliance.
And-
and
mr
partovi
does
in
fact
intend
to
attach
the
structure
and
can
do
that
immediately.
If
he
needs
to.
B
O
So
I
I
would
say
if,
if
there
wasn't
the
issue
of
the
front
yard
setback
where
the
existing
building
does
set
the
setback
at
23
feet,
I
mean
he's.
The
code
is
very
clear
that
covered
porches
unenclosed
covered
porches
are
not
allowed
in
the
front
yard.
So,
while
the
existing
structure
is
non-complying,
the
new
construction
of
the
covered
porch
is
is,
is
not
part
of
that,
because
it's
new
construction
and
all
new
construction
needs
to
meet
the
zoning
requirements.
O
Now,
if
it
was
built
in
the
backyard,
then
the
non-compliant
structure
section
that
I
did
reference
saying
like
you
could
do
the
addition
up
to
20
of
the
existing
wall.
He
could
build
that
covered
torch
in
the
rear.
Nine
feet
extended
nine
feet.
That
would
be
the
maximum
he
could
do,
and
that
would
be
in
conformance
with
code.
So
in
terms
of
the
front
yard
it,
I
don't
believe
he
would
be
able
to
come
into
conformance
with
the
code
at
all.
B
B
B
B
I
think
I
I
agree.
Of
course
there
are
five
criteria
that
must
be
met
and
in
state
code
which
supersedes
local
code
they're
stated
a
little
differently,
but
generally
that
that's
the
gist
of
it.
I
agree
there's
a
hardship
imposed
because
there's
already
specific,
you
know
there's
already
buildings
in
the
back.
I
don't
know
whether
that
type
of
hardship
is
the
kind
that
that
would.
B
B
My
my
my
major
issue
is
item
number
three,
the
substantial
property
right
issue
to
to
frame
it
really
narrowly.
The
argument
would
have
to
be
made
that
it's
not
just
a
substantial
property
right
to
have
an
enclosed
patio,
but
to
have
it
in
the
front
yard
of
a
house
that
already
has
no
it's
that's
already
just
23
feet
from
the
street
and
specifically
prohibited
by
the
ordinance.
B
So
I
don't
find
how
the
special
circumstances
associated
with
the
property
deal
specifically
with
the
front
yard,
porch
issue
the
other
circumstances.
Of
course,
other
properties
are
much
wider,
obviously,
and
that
of
course
has
to
be
dealt
with
in
trying
to
improve
the
structure
and
bring
it
up
to
today's
standards
and
levels
of
comfort.
B
But
I'm
I
just
didn't
see
the
connection
on
how
it's
fanciful
to
write.
Dr
substantial
property
right
drives
the
solution
into
the
front
yard
so
based
on
that,
I'm
not
able
to
grant
the
variance,
but
I
do
appreciate
the
the
conversation
the
courtesies
extended
everyone
and
the
especially,
of
course,
the
comments
by
the
public
and
the
and
all
the
work
that
was
done
to
bring
this
to
me
and
and
help
me
understand
all
sides
of
the
issue.
Thank
you.